Group IIBethel School Dist. v. Fraser Read the case brief assigned and post a case brief to the Discussion Board. (Josh and Veronica)This part due to be posted by July 11th.
Group 2-Veronica Dorsey, Jessica Fry, Gary Graham, Josh Graves, Angelique Gunderson Case Brief Title, Citation & Year: Bethel School District vs. Fraser, 1986 Topic: Freedom of expression by students Issues: The issue involved is whether or not students can say whatever they please with regard to the First Amendment during a public school forum. Facts: A male student delivered a speech nominating a fellow student for elective office before an assembly of 600 peers-many whom were 14 year olds.
In his speech, the student referred to his candidate in terms of an elaborate, explicit sexual metaphor, despite being warned beforehand not to deliver it.
Many of the peers laughed, made graphic sexual gestures, and hooted.
The student admitted to the sexual innuendo and was suspended for 3 days and not allowed to speak at the schools' commencement exercises.
The student brought file against the school is U.S. district court, claiming that his First Amendment right to freedom of speech has been violated. Finding of the Trial Court: The district court agreed with the student and he was awarded money for deprivation of constitutional rights and also for legal fees.
The court also ordered the school district to allow the student to speak at commencement. Finding of the Appellate Court: The U.S. Court of Appeals, Ninth Court, rejected the school district's appeal and held that the district had failed to prove that the speech had interfered with or disrupted the educational environment. Finding of the Supreme Court: On additional appeal, the U.S. Supreme Court found that while public students have the right to advocate unpopular and controversial issues in school, that right must be balanced against the schools' interest in teaching socially appropriate behavior.
A public school may legitimately establish standards of civil and mature conduct. The Court observed that such standards would be difficult to convey in a school that tolerated lewd, indecent and offensive speech and conduct that the student in this case exhibited.
In conclusion, the school district's decision was upheld. Educational Significance: School officials may restrict freedom of expression where there is evidence of material and substantial disruption, indecent or offensive speech, violation of school rules, destruction of school property, or disregard for authority. In each case, students must be provided minimal due process before any punitive action is taken.
Buttons, pamphlets, and other insignia may be banned if the message communicated is vulgar or obscene or mock others based on race, origin, color, sex, or religion.
Read the case brief assigned and post a case brief to the Discussion Board. (Josh and Veronica) This part due to be posted by July 11th.
Group 2-Veronica Dorsey, Jessica Fry, Gary Graham, Josh Graves, Angelique Gunderson
Case Brief
Title, Citation & Year:
Bethel School District vs. Fraser, 1986
Topic: Freedom of expression by students
Issues: The issue involved is whether or not students can say whatever they please with regard to the First Amendment during a public school forum.
Facts: A male student delivered a speech nominating a fellow student for elective office before an assembly of 600 peers-many whom were 14 year olds.
In his speech, the student referred to his candidate in terms of an elaborate, explicit sexual metaphor, despite being warned beforehand not to deliver it.
Many of the peers laughed, made graphic sexual gestures, and hooted.
The student admitted to the sexual innuendo and was suspended for 3 days and not allowed to speak at the schools' commencement exercises.
The student brought file against the school is U.S. district court, claiming that his First Amendment right to freedom of speech has been violated.
Finding of the Trial Court: The district court agreed with the student and he was awarded money for deprivation of constitutional rights and also for legal fees.
The court also ordered the school district to allow the student to speak at commencement.
Finding of the Appellate Court: The U.S. Court of Appeals, Ninth Court, rejected the school district's appeal and held that the district had failed to prove that the speech had interfered with or disrupted the educational environment.
Finding of the Supreme Court: On additional appeal, the U.S. Supreme Court found that while public students have the right to advocate unpopular and controversial issues in school, that right must be balanced against the schools' interest in teaching socially appropriate behavior.
A public school may legitimately establish standards of civil and mature conduct. The Court observed that such standards would be difficult to convey in a school that tolerated lewd, indecent and offensive speech and conduct that the student in this case exhibited.
In conclusion, the school district's decision was upheld.
Educational Significance: School officials may restrict freedom of expression where there is evidence of material and substantial disruption, indecent or offensive speech, violation of school rules, destruction of school property, or disregard for authority. In each case, students must be provided minimal due process before any punitive action is taken.
Buttons, pamphlets, and other insignia may be banned if the message communicated is vulgar or obscene or mock others based on race, origin, color, sex, or religion.